The Secretary of War, to whom was referred the Petition of Michael Van Kleeck. Respectfully Reports, That it appears by the records of the department of War, that the Petitioner was mustered in the fourth company of the Second Regiment (or New York) Artillery, to serve from the 25^th July 1782 for three years; that on the 14^th July 1784, the final settlement certificates due to the said Regiment were placed in the hands of William Stevens, agent to the said Regiment; and that among these were three certificates for one hundred and twenty nine dollars, issueds in the name of and to satisfy arrears of pay due to the Petitioner. The claim of the Petitioner is understood to respect a compensation for these three Certificates. Taking it then for a fact, that the Agent to the Regiment to which the Petitioner belonged, has not delivered to him the Certificates in question, are the United States liable to make good his arrears of pay? If the stipulations of the United States with their soldiery are examined, it will be found; that the soldiery have neither subjected themselves by any act of their own, nor have been subjected by any resolution of Congress, to risk their compensation in the hands of Agents who might be employed to pay them. On the 27^th of May 1778 Congress resolved that the Paymaster of a Regiment be chosen by [underline: the officers of a Regiment] out of the Captains or Subalterns, and that the [underline: Officers] were to risk their pay in their hands. On the 3^d November 1783 Congress further resolved "That the Paymaster General deposit in the hands of Regimental Agents the Certificates for the arrears of pay due to the Officers and Soldiers of their respective lines to be by them delivered to the individuals to whom they belong, or deposited for their benefit, as the Supreme Executive of the State to which the respective Agents belong, shall direct. The latter resolution being silent as to the mode for electing Regimental agents, it was prescribed, by a general order, that the same mode should be followed which Congress had directed in the case of Regimental paymasters, in consequence of which, the choice of Agents to pay arrearages was made by [underline: the Officers] of each Regiment, without the participation of the soldiery. From the nature then of the Contract, between the Soldiery and the United States; and the resolve of Congress vesting the power of chusing Regimental paymasters in the Officers exclusively, and declaring as a consequence, that the Officers were to risk their pay in their hands; and from the same mode having been observed in the election of Agents, it is reasonable to infer; that the Soldiery, who were excluded from any participation in the election of either Officer, were not considered by Congress, as liable to be affected by their delinquencies. Did therefore no other obstacle exist to the petitioners claim, the Secretary of War would think it proper to suggest the propriety of a legislative interference. The impediment alluded to, is the act of limitation, which shuts out the petitioner from relief, as it does not appear, that he has exhibited his claim for liquidation, within the period assigned by law. All which is respectfully submitted to the Senate of the United States. James McHenry. War Department January 27.^th 1797.